States Rein In Anti-Obesity Laws

We’ve written extensively about recent lawsuits and regulations that have been aimed at food companies for allegedly failing to adequately inform consumers about the nutritional value of the companies’ products. (See here, here, and here.)

Cities have passed laws requiring businesses to post calorie information and that ban certain types of marketing efforts designed to entice children to eat food deemed not sufficiently healthy.

Food makers, in short, increasingly are getting blamed for rising obesity levels in this country.

But now some states are passing laws that prohibit local regulations designed to rein in obesity, the New York Times reports.

Business owners and restaurant associations have complained, NYT reports, that they increasingly are subject to a hodgepodge of local, inconsistent food regulations, prompting lawmakers to propose state laws that promote uniformity across states.

Just this week, Ohio Governor John Kasich approved a state budget that severely limits local legislatures’ ability to regulate restaurants and fast food joints. The Ohio regulation passed this week, for example, could override a Cleveland law that prohibits food makers from using industrially produced trans fats. Florida, Alabama and Arizona have also recently passed similar statutes.

“We feel it is in the best interests of the consumer to have one uniform standard,” Sue Hensley, a spokeswoman for the National Restaurant Association, told the Times.

Health advocates are concerned about the trend. that state-level efforts will halt local movements aiming to reduce obesity and promote healthier eating habits. Joe Cimperman, the head of the Cleveland City Council’s public-health committee, said Cleveland was prepared to contest the state law in court, he told the Times.

“This is a home rule issue,” he said.

But the new state regulations will not supersede a federal law, due to take effect in 2013, that requires menu labeling by restaurants with 20 or more locations.

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The Law Blog covers the legal arena’s hot cases, emerging trends and big personalities. It’s brought to you by lead writer Jacob Gershman with contributions from across The Wall Street Journal’s staff. Jacob comes here after more than half a decade covering the bare-knuckle politics of New York State. His inside-the-room reporting left him steeped in legal and regulatory issues that continue to grab headlines.

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